Mr. Boyle turned his findings over to the liquor board after attending the play's opening night Thursday at the Weinberg Center for the Arts. The three-member board is expected to meet tomorrow to review the case.

The Weinberg Center for the Arts has a liquor license to serve alcohol during performances. Liquor sales are a revenue source for the nonprofit Frederick Arts Council, which runs the city-owned center.

The council, citing First Amendment rights, vowed before Thursday's performance that the show would go on, despite possible action by the liquor board. The council said a law prohibiting nudity in establishments serving liquor doesn't apply theaters.

The play, "Bent," about a homosexual's self-discovery during the Nazi regime, contains a 30-second nude scene.

If the liquor board agrees that the play violates the county liquor law, a public hearing will be scheduled at least 10 days after